NY State Senate Bill 2023-S1078A

Senate Bill S1078A

2023-2024 Legislative Session

Requires places of public assembly to maintain epinephrine auto-injector devices and to have at least one employee who is trained in its use

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health returned to senate died in assembly
Jun 07, 2023	referred to health delivered to assembly passed senate ordered to third reading cal.1628 committee discharged and committed to rules
Jun 03, 2023	print number 1078a
Jun 03, 2023	amend and recommit to health
Jan 10, 2023	referred to health

Votes

- Jun 7, 2023 - Floor Vote
  S1078A
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Walczyk
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S1078A
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Helming

Bill Amendments

Original

A (Active)

2023-S1078 - Details

See Assembly Version of this Bill:: A2885
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§225 & 3000-c, Pub Health L

2023-S1078 - Summary

Requires that functional epinephrine auto-injector devices be made available in places of public assembly and that at least one employee or volunteer of such place of public assembly be trained in its proper operation and use and be present at each facility function.

2023-S1078 - Sponsor Memo

                                 
BILL NUMBER: S1078

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring that
functional epinephrine auto-injector devices be made available in places
of public assembly and that at least one employee or volunteer of such
place of public assembly be trained in its proper operation and use and
be present at each facility function

 
PURPOSE OR GENERAL IDEA OF BILL:

To require places of public assembly to have on hand an epinephrine
auto-injector device whenever such places are used for public or private
events.

 
SUMMARY OF PROVISIONS:

Section 1 defines places of public assembly, and requires such places to
have available an epinephrine auto-injector device whenever such places
are used for a public or private event and have at least one person

present who is trained to use such a device.

Section 2 amends the Public Health Law to account for this new section.
Section 3 states the effective date.

 
JUSTIFICATION:

Allergies are the 6th leading cause of chronic illness in the U.S., with
more than 50 million Americans suffering from allergies each year. Food
allergies alone affect an estimated 15 million persons in the United
States, and are responsible for approximately 30,000 emergency depart-
ment visits and 150-200 deaths each year. The best way to avoid death
caused by anaphylaxis is with the use of an epinephrine auto-injector
device. This bill would require places of public assembly to have an
appropriate number of devices on the premises and an individual trained
to use one whenever such places host an event. These places of public
assembly include stadiums, ballparks, gymnasiums, concert or recital
halls, theaters, indoor and outdoor amphitheaters, auditoriums.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1078 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1078
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN  ACT  to  amend  the public health law, in relation to requiring that
   functional epinephrine auto-injector  devices  be  made  available  in
   places  of public assembly and that at least one employee or volunteer
   of such place of public assembly be trained in  its  proper  operation
   and use and be present at each facility function
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 225 of the public health law is amended by adding a
 new subdivision 5-d to read as follows:
   5-D. PLACES  OF  PUBLIC  ASSEMBLY  ON-SITE  EPINEPHRINE  AUTO-INJECTOR
 DEVICES.
   (A)  NOTWITHSTANDING  THE  PROVISIONS  OF PARAGRAPH (R) OF SUBDIVISION
 FIVE OF THIS SECTION AND SECTION THREE THOUSAND-C OF THIS  CHAPTER,  THE
 SANITARY CODE SHALL PROVIDE THAT EACH PLACE OF PUBLIC ASSEMBLY AS SPECI-
 FIED  IN  THIS  SECTION SHALL BE REQUIRED TO MAINTAIN AND MAKE AVAILABLE
 ON-SITE EPINEPHRINE AUTO-INJECTOR DEVICES, AS DEFINED IN  PARAGRAPH  (B)
 OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THIS CHAPTER, IN QUAN-
 TITIES  AND  TYPES  DEEMED  BY THE COMMISSIONER TO BE ADEQUATE TO ENSURE
 READY AND APPROPRIATE ACCESS FOR USE DURING EMERGENCIES.
   (B) WHENEVER PLACES OF PUBLIC ASSEMBLY ARE USED FOR PUBLIC OR  PRIVATE
 SPONSORED  EVENTS OR ACTIVITIES THE OWNERS, OPERATORS AND ADMINISTRATORS
 RESPONSIBLE FOR SUCH PLACE OF PUBLIC ASSEMBLY SHALL ENSURE THE  PRESENCE
 OF  AT  LEAST  ONE STAFF PERSON OR VOLUNTEER WHO IS TRAINED, PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION  THREE  THOUSAND-C  OF  THIS
 CHAPTER,  IN  THE  OPERATION  AND  USE  OF  AN EPINEPHRINE AUTO-INJECTOR
 DEVICE.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION, "PLACES OF PUBLIC  ASSEMBLY"
 SHALL  MEAN  THOSE  WITH  AN OCCUPANCY CAPACITY OF AT LEAST ONE THOUSAND
 PEOPLE AND SHALL INCLUDE: (I) ALL STADIUMS, BALLPARKS, GYMNASIUMS, FIELD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02696-01-3

 S. 1078                             2
 
 HOUSES, ARENAS, CIVIC  CENTERS  AND  SIMILAR  FACILITIES  USED  FOR  THE
 CONDUCT OF SPORTING EVENTS; AND (II) CONCERT HALLS, RECITAL HALLS, THEA-
 TRES, INDOOR AND OUTDOOR AMPHITHEATERS OR OTHER AUDITORIUMS USED FOR THE
 PRESENTATION  OF MUSICAL RENDITIONS OR CONCERTS. PLACES OF PUBLIC ASSEM-
 BLY SHALL NOT INCLUDE HALLS OWNED BY CHURCHES, RELIGIOUS  ORGANIZATIONS,
 GRANGES,  PUBLIC  ASSOCIATIONS,  OR FREE LIBRARIES AS DEFINED BY SECTION
 TWO HUNDRED FIFTY-THREE OF THE EDUCATION LAW.
   (D) PLACES OF PUBLIC ASSEMBLY AND STAFF PURSUANT TO PARAGRAPHS (A) AND
 (B) OF THIS SUBDIVISION SHALL BE SUBJECT TO THE REQUIREMENTS AND LIMITA-
 TIONS OF SECTION THREE THOUSAND-C OF THIS CHAPTER.
   (E) PURSUANT TO SECTIONS THREE THOUSAND-A AND THREE THOUSAND-C OF THIS
 CHAPTER, ANY PUBLIC ACCESS EPINEPHRINE AUTO-INJECTOR DEVICE PROVIDER, OR
 ANY EMPLOYEE OR OTHER AGENT OF THE PROVIDER WHO, IN ACCORDANCE WITH  THE
 PROVISIONS OF THIS SECTION, VOLUNTARILY AND WITHOUT EXPECTATION OF MONE-
 TARY COMPENSATION RENDERS EMERGENCY MEDICAL OR FIRST AID TREATMENT USING
 AN EPINEPHRINE AUTO-INJECTOR DEVICE WHICH HAS BEEN MADE AVAILABLE PURSU-
 ANT  TO  THIS  SECTION,  TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED,
 SHALL BE LIABLE ONLY PURSUANT TO SECTION THREE THOUSAND-A OF THIS  CHAP-
 TER.
   (F) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT A POLI-
 TICAL  SUBDIVISION OF THE STATE FROM CONTINUING TO IMPLEMENT AND ENFORCE
 ANY LOCAL LAW OR REGULATION RELATED  TO  THE  PLACEMENT  OF  EPINEPHRINE
 AUTO-INJECTOR  DEVICES  IN  PLACES OF PUBLIC ASSEMBLY AS DEFINED IN THIS
 SUBDIVISION, IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS  SUBDIVISION.
 WHERE  A  POLITICAL  SUBDIVISION  HAS A LOCAL LAW IN EFFECT PRIOR TO THE
 EFFECTIVE DATE OF THIS SUBDIVISION, THE PROVISIONS OF  THIS  SUBDIVISION
 SHALL HAVE NO FORCE AND EFFECT UNTIL SUCH TIME AS THE POLITICAL SUBDIVI-
 SION REPEALS ITS LOCAL LAW.
   §  2.  Paragraph  (f) of subdivision 2 of section 3000-c of the public
 health law, as added by chapter 373 of the laws of 2016, is  amended  to
 read as follows:
   (f) Nothing in this section shall require any eligible person or enti-
 ty to acquire, possess, store, make available, or administer an epineph-
 rine  auto-injector,  EXCEPT  AS  PROVIDED  FOR IN SUBDIVISION FIVE-D OF
 SECTION TWO HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   § 3. This act shall take effect immediately.

co-Sponsors

2023-S1078A (ACTIVE) - Details

See Assembly Version of this Bill:: A2885
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§225 & 3000-c, Pub Health L

2023-S1078A (ACTIVE) - Summary

2023-S1078A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1078A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring that
functional epinephrine auto-injector devices be made available in places
of public assembly and that at least one employee or volunteer of such
place of public assembly be trained in its proper operation and use and
be present at each facility function

 
PURPOSE OR GENERAL IDEA OF BILL:

To require places of public assembly to have on hand an epinephrine
auto-injector device whenever such places are used for public or private
events.

 
SUMMARY OF PROVISIONS:

Section 1 defines places of public assembly, and requires such places to
have available an epinephrine auto-injector device whenever such places
are used for a public or private event and have at least one person

present who is trained to use such a device.

Section 2 amends the Public Health Law to account for this new section.
The amended bill adds for liability protections for the good faith use
of epinephrine auto injectors under 3000-c of the public health law.

Section 3 states the effective date.

 
JUSTIFICATION:

Allergies are the 6th leading cause of chronic illness in the U.S., with
more than 50 million Americans suffering from allergies each year. Food
allergies alone affect an estimated 15 million persons in the United
States, and are responsible for approximately 30,000 emergency depart-
ment visits and 150-200 deaths each year. The best way to avoid death
caused by anaphylaxis is with the use of an epinephrine auto-injector
device. This bill would require places of public assembly to have an
appropriate number of devices on the premises and an individual trained
to use one whenever such places host an event. These places of public
assembly include stadiums, ballparks, gymnasiums, concert or recital
halls, theaters, indoor and outdoor amphitheaters, auditoriums.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1078A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1078--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law, in  relation  to  requiring  that
   functional  epinephrine  auto-injector  devices  be  made available in
   places of public assembly and that at least one employee or  volunteer
   of  such  place  of public assembly be trained in its proper operation
   and use and be present at each facility function
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 225 of the public health law is amended by adding a
 new subdivision 5-d to read as follows:
   5-D.  PLACES  OF  PUBLIC  ASSEMBLY  ON-SITE  EPINEPHRINE AUTO-INJECTOR
 DEVICES.
   (A) NOTWITHSTANDING THE PROVISIONS OF  PARAGRAPH  (R)  OF  SUBDIVISION
 FIVE  OF  THIS SECTION AND SECTION THREE THOUSAND-C OF THIS CHAPTER, THE
 SANITARY CODE SHALL PROVIDE THAT EACH PLACE OF PUBLIC ASSEMBLY AS SPECI-
 FIED IN THIS SECTION SHALL BE REQUIRED TO MAINTAIN  AND  MAKE  AVAILABLE
 ON-SITE  EPINEPHRINE  AUTO-INJECTOR DEVICES, AS DEFINED IN PARAGRAPH (B)
 OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THIS CHAPTER, IN QUAN-
 TITIES AND TYPES DEEMED BY THE COMMISSIONER TO  BE  ADEQUATE  TO  ENSURE
 READY AND APPROPRIATE ACCESS FOR USE DURING EMERGENCIES.
   (B)  WHENEVER PLACES OF PUBLIC ASSEMBLY ARE USED FOR PUBLIC OR PRIVATE
 SPONSORED EVENTS OR ACTIVITIES THE OWNERS, OPERATORS AND  ADMINISTRATORS
 RESPONSIBLE  FOR SUCH PLACE OF PUBLIC ASSEMBLY SHALL ENSURE THE PRESENCE
 OF AT LEAST ONE STAFF PERSON OR VOLUNTEER WHO IS  TRAINED,  PURSUANT  TO
 PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF SECTION THREE THOUSAND-C OF THIS
 CHAPTER, IN THE  OPERATION  AND  USE  OF  AN  EPINEPHRINE  AUTO-INJECTOR
 DEVICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02696-02-3
 S. 1078--A                          2

 
   (C)  FOR THE PURPOSES OF THIS SUBDIVISION, "PLACES OF PUBLIC ASSEMBLY"
 SHALL MEAN THOSE WITH AN OCCUPANCY CAPACITY OF  AT  LEAST  ONE  THOUSAND
 PEOPLE AND SHALL INCLUDE: (I) ALL STADIUMS, BALLPARKS, GYMNASIUMS, FIELD
 HOUSES,  ARENAS,  CIVIC  CENTERS  AND  SIMILAR  FACILITIES  USED FOR THE
 CONDUCT OF SPORTING EVENTS; AND (II) CONCERT HALLS, RECITAL HALLS, THEA-
 TRES, INDOOR AND OUTDOOR AMPHITHEATERS OR OTHER AUDITORIUMS USED FOR THE
 PRESENTATION  OF MUSICAL RENDITIONS OR CONCERTS. PLACES OF PUBLIC ASSEM-
 BLY SHALL NOT INCLUDE HALLS OWNED BY CHURCHES, RELIGIOUS  ORGANIZATIONS,
 GRANGES,  PUBLIC  ASSOCIATIONS,  OR FREE LIBRARIES AS DEFINED BY SECTION
 TWO HUNDRED FIFTY-THREE OF THE EDUCATION LAW.
   (D) PLACES OF PUBLIC ASSEMBLY AND STAFF PURSUANT TO PARAGRAPHS (A) AND
 (B) OF THIS SUBDIVISION SHALL BE SUBJECT TO THE REQUIREMENTS AND LIMITA-
 TIONS OF SECTION THREE THOUSAND-C OF THIS CHAPTER.
   (E) PURSUANT TO SECTIONS THREE THOUSAND-A AND THREE THOUSAND-C OF THIS
 CHAPTER, ANY PUBLIC ACCESS EPINEPHRINE AUTO-INJECTOR DEVICE PROVIDER, OR
 ANY EMPLOYEE OR OTHER AGENT OF THE PROVIDER WHO, IN ACCORDANCE WITH  THE
 PROVISIONS OF THIS SECTION, VOLUNTARILY AND WITHOUT EXPECTATION OF MONE-
 TARY COMPENSATION RENDERS EMERGENCY MEDICAL OR FIRST AID TREATMENT USING
 AN EPINEPHRINE AUTO-INJECTOR DEVICE WHICH HAS BEEN MADE AVAILABLE PURSU-
 ANT  TO  THIS  SECTION,  TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED,
 SHALL BE LIABLE ONLY PURSUANT TO SECTION THREE THOUSAND-A OF THIS  CHAP-
 TER.
   (F) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT A POLI-
 TICAL  SUBDIVISION OF THE STATE FROM CONTINUING TO IMPLEMENT AND ENFORCE
 ANY LOCAL LAW OR REGULATION RELATED  TO  THE  PLACEMENT  OF  EPINEPHRINE
 AUTO-INJECTOR  DEVICES  IN  PLACES OF PUBLIC ASSEMBLY AS DEFINED IN THIS
 SUBDIVISION, IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS  SUBDIVISION.
 WHERE  A  POLITICAL  SUBDIVISION  HAS A LOCAL LAW IN EFFECT PRIOR TO THE
 EFFECTIVE DATE OF THIS SUBDIVISION, THE PROVISIONS OF  THIS  SUBDIVISION
 SHALL HAVE NO FORCE AND EFFECT UNTIL SUCH TIME AS THE POLITICAL SUBDIVI-
 SION REPEALS ITS LOCAL LAW.
   (G)  (I)  OPERATION OF AN EPINEPHRINE AUTO-INJECTOR DEVICE PURSUANT TO
 THIS SECTION SHALL BE CONSIDERED FIRST AID OR  EMERGENCY  TREATMENT  FOR
 THE PURPOSE OF ANY STATUTE RELATING TO LIABILITY.
   (II) OPERATION OF AN EPINEPHRINE AUTO-INJECTOR DEVICE PURSUANT TO THIS
 SECTION SHALL NOT CONSTITUTE THE UNLAWFUL PRACTICE OF A PROFESSION UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   §  2.  Paragraph  (f) of subdivision 2 of section 3000-c of the public
 health law, as added by chapter 373 of the laws of 2016, is  amended  to
 read as follows:
   (f) Nothing in this section shall require any eligible person or enti-
 ty to acquire, possess, store, make available, or administer an epineph-
 rine  auto-injector,  EXCEPT  AS  PROVIDED  FOR IN SUBDIVISION FIVE-D OF
 SECTION TWO HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   § 3. This act shall take effect immediately.

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Senate Bill S1078A

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Sponsored By

Andrew Gounardes